Q: Last week I purchased an item at a 60 per cent discount. It was a shirt for my husband. When he tried it on, it did not fit so I returned to the shop within seven days, as agreed with the shop assistant on the day I made the purchase.

On the day I returned to the shop, the shirt I had purchased had a 70 per cent discount. The shop assistant told me I could either take a different size, if still available, or I could opt for a credit note at the current retail price.

I protested about this, as I was not informed about this possibility when I bought my husband’s shirt. The shop assistant informed me these terms and conditions were written on the fiscal receipt.

Can a shop impose these terms and conditions during sales?

A: Since the reason you returned the shirt was not because it was defective, then yes, the shop can impose its own terms and conditions on how unwanted goods can be exchanged. It is, however, imperative that these terms and conditions are clearly explained to consumers during the purchase. As a consumer, you had the responsibility to read the terms and conditions written down on the fiscal receipt.

However, when you asked the shop assistant about the shop’s return policies during sales, you should not only have been informed about the seven days but also about the possibility of the value of the shirt going further down during these seven days and that you would only be entitled to its current value.

Had the shirt been defective, you would have been legally entitled to either repair or replacement. If neither of these two remedies were possible, you would then be entitled to a full refund of the money paid.

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